Queen City Realty Co. v. Linzell

166 Ohio St. (N.S.) 249
CourtOhio Supreme Court
DecidedMarch 27, 1957
DocketNo. 34928
StatusPublished

This text of 166 Ohio St. (N.S.) 249 (Queen City Realty Co. v. Linzell) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Queen City Realty Co. v. Linzell, 166 Ohio St. (N.S.) 249 (Ohio 1957).

Opinion

Taft, J.

The only question raised on this appeal is whether the trial court erred in excluding evidence as to the separate value of the leasehold interest of Wimmer which, except for the appropriation, would have continued for about four more years, i e., from the time of the appropriation in March 1955 until September 1959. The excluded evidence was by one witness that “the fair market value of the leasehold of * * * Wimmer” was “approximately $18,200” and by another witness that “the fair and reasonable market value of” that leasehold interest was “$19,050.”

In arguing for an affirmance, appellee relies upon paragraph two of the syllabus of In re Appropriation by Ohio Turnpike Commission, 164 Ohio St., 377, 131 N. E. (2d), 397. However, that paragraph, although recognizing the discretion of a trial court in the admission and exclusion of evidence in an appropriation proceeding, would not apply in the instant case unless, to use its words, “it is apparent * * * that no prejudicial error * * * intervened.” The question remains therefore whether it was prejudicial error for the trial court to exclude such evidence.

Unquestionably, a leasehold interest in real estate may have a substantial value, notwithstanding that it involves a liability to pay rent. Thus, if the reasonable rental value of the real estate is $1,200 per year, a leasehold interest in that real estate for one year at an annual rental of $1,000 per year would give the lessee a right to use something reasonably worth $1,200 by merely paying a rental of $1,000. That right would therefore [251]*251have a value of approximately $200. Also, it is apparent that, in determining the value of the landlord’s reversion, the value of the leasehold interest must be deducted from the value of the real estate. However, the ultimate question to be determined by the jury in the instant case was not the value of the leasehold interest of Wimmer or the value of the reversion of the realty company but the value of what was being appropriated, i. e., the real estate as a whole.

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Cite This Page — Counsel Stack

Bluebook (online)
166 Ohio St. (N.S.) 249, Counsel Stack Legal Research, https://law.counselstack.com/opinion/queen-city-realty-co-v-linzell-ohio-1957.